When you think of medical malpractice, you usually think of errors made during a surgery or medical procedure, but there are other forms of malpractice you should be aware of, including misdiagnosis.

Misdiagnosis occurs when a doctor or other medical professional fails to correctly diagnose a patient’s condition. This could mean the doctor says nothing is wrong with the patient, or he diagnoses the patient with the wrong condition. When a victim is misdiagnosed, he will not receive the treatment he needs to recover from his condition, and injuries may occur as a result. Victims of medical misdiagnosis may be entitled to compensation for medical expenses, lost wages, future lost wages, and pain and suffering. To learn about your legal options, contact Trial Lawyers for Justice today.

Causes of Medical Misdiagnosis

Medical professionals are trained to analyze each patient’s symptoms, medical history, and test results to make a diagnosis. Misdiagnosis can occur when a doctor:

• Does not accurately read test results.
• Fails to order appropriate tests.
• Does not perform regular screenings.
• Does not ask about the patient’s medical history.
• Ignores the patient’s description of his symptoms.
• Performs an incomplete physical examination.

Unfortunately, some of the most common conditions that are misdiagnosed are serious, including various types of cancer, brain tumors, head injuries, and heart disease. If these conditions are not treated promptly, the patient could suffer long-term consequences due to the misdiagnosis and delay in treatment.

Medical misdiagnosis often occurs in emergency rooms, where doctors are forced to think and make decisions fairly quickly. This is especially true if a patient comes to the emergency room with an uncommon condition or a condition that usually does not affect his or her demographic. For example, if a teenager and middle-aged man are both exhibiting signs of a heart attack, a doctor may be more likely to diagnose the middle-aged man than the teenager, since teenagers rarely have heart attacks.

Proving Your Case

In order to prove medical misdiagnosis, the victim must show:

• There was a doctor-patient relationship between the victim and the medical professional accused of misdiagnosis.
• The doctor acted negligently by not providing appropriate treatment in a timely manner.
• The victim suffered an injury as a result of the misdiagnosis.

It’s important to note if no injury occurred as a result of the misdiagnosis, you may not be able to file a malpractice claim against the medical professional. For example, if you were told a tumor was benign when it was in fact cancerous, a delay in treatment could have led to this cancer spreading to other parts of your body, and thus causing you harm. In this case, you would be able to prove you suffered as a result of the misdiagnosis. However, if you quickly sought a second opinion and received the proper treatment before any harm was done, you may not be able to sue for misdiagnosis.

Proving negligence can be difficult because a misdiagnosis does not automatically prove the doctor behaved negligently. An attorney will need to carefully review the details of your case to determine whether the doctor acted competently when ordering tests, reading results, and making the diagnosis. You must be able to prove that another doctor would have been able to accurately diagnose you based on your symptoms, test results, and medical history in order to prove you are a victim of medical malpractice.

Legal Assistance for Medical Misdiagnosis Victims

Victims of medical misdiagnosis should not suffer in silence. If you or a loved one have been misdiagnosed by a medical professional, contact the attorneys at Trial Lawyers for Justice to discuss your legal options. Call (866) 854-5529 to schedule a free consultation today.

Over 1.4 million people suffer a brain injury every year, and it is estimated over 3 million people in the United States need long-term or life-long assistance as a result of a brain injury.

If you have suffered a brain injury that was caused by someone else’s negligence, you may be entitled to receive compensation for your medical expenses, lost wages, future lost wages, and pain and suffering. Speak to an attorney today to discuss your legal options.

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries are classified as either mild, moderate, or severe.

Mild TBIs

After a mild traumatic brain injury, the victim may lose consciousness for a few seconds or several minutes. However, some victims never lose consciousness even after they have suffered this injury. The victim will probably appear dazed or confused immediately following the incident, however some victims will not exhibit any major symptoms for days or weeks.

Many people do not exhibit obvious symptoms after suffering from a mild TBI, and therefore do not seek emergency medical assistance. However, this is a mistake. If you have been involved in any type of mishap where you have hit your head, you should immediately seek medical attention.

Moderate TBIs

A moderate traumatic brain injury may occur after a powerful blow to the head or a violent shaking movement. The victim will almost always lose consciousness after a moderate traumatic brain injury, and he may be unconscious for as little as a few minutes or as long as a few hours. His state of confusion and disorientation will last for a long period of time—sometimes up to several weeks. The victim may also experience physical and behavioral side effects as a result of the brain damage.

Severe TBIs

Severe traumatic brain injuries usually occur after a crushing blow to the skull or the penetration of the skull with a foreign object. Brain tissue is severely damaged during this type of life-threatening injury. Victims will usually be hospitalized for long periods of time. If they come out of consciousness, they will need extensive rehabilitation and therapy to relearn how to walk and speak. Even if victims receive immediate treatment, recovery is not guaranteed. Most severe TBI victims never return to their pre-injury state. Those who do improve will still experience behavioral, physical, and cognitive side effects as a result of the injury.

Common Causes of Traumatic Brain Injuries

Traumatic brain injuries can occur during almost any type of trauma, but the most common causes include:

Traffic Crashes

Whether you are in a car, on a motorcycle or bike, or a pedestrian walking down the street, if you collide with another vehicle, you may suffer a traumatic brain injury. Pedestrians, bicyclists, and motorcyclists are at a higher risk because they do not have as much protection as motorists do.

Slip and Falls

Many people who have been involved in a slip and fall suffer from traumatic brain injuries. These injuries occur when the victim falls backwards or forwards and his head makes contact with the ground. Anyone can slip and fall, but it is most common among older adults and young children.

Swimming Pool

Swimming pools are another common cause of traumatic brain injuries. If a swimmer dives into the shallow end of the pool and hits his head, this could result in a traumatic brain injury.

Regardless of how you suffered the injury, if it was caused by another person’s negligence, you need to speak to an attorney as soon as possible to learn about your legal options.

If You Are A Victim…

Brain injuries can completely disrupt a victim’s life. If you or a loved one has suffered a brain injury, speak to the team of attorneys at the Trial Lawyers for Justice. Call 866-854-5529 today to schedule a free consultation with one of our personal injury attorneys.